Re S (Hospital patient: Court's jurisdiction)

JurisdictionEngland & Wales
Judgment Date02 March 1995
Date02 March 1995
CourtCourt of Appeal (Civil Division)
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68 cases
  • St Helens Borough Council v PE
    • United Kingdom
    • Family Division
    • 29 December 2006
    ...to the propriety of what is proposed, recourse can be had to the court for declaratory relief." He went on to refer to In re S (Hospital Patient: Court's Jurisdiction) [1996] Fam 1, where Sir Thomas Bingham MR indicated (at page 19) that the jurisdiction is exercisable whenever there is "a ......
  • Nevis Island Administration Claimant v West Indies Power (Nevis) Ltd Defendant [ECSC]
    • St Kitts & Nevis
    • High Court (Saint Kitts and Nevis)
    • 16 January 2013
    ...but regulates the Court's ability to grant a Declaration and relies on the authority of Re S (hospital patient: court's jurisdiction) [1995] 3 All ER 290 at page 296 letter d where Sir Thomas Bingham MR stated —"The jurisdiction of the court to grant declaratory relief is not conferred, bu......
  • Liew Ju Min v Choo Wee Poh & 2 Ors (and Another Case)
    • Malaysia
    • High Court (Malaysia)
    • 1 January 2017
  • Cabvision Ltd v Feetum and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 December 2005
    ...where the later authorities are summarised. 64 Mr Girolami relies in particular on the decision of this court In re S (Hospital patient: Court's jurisdiction) [1996] Fam 1 (" Re S") (in which Meadows does not appear to have been cited) . In Re S a carer of S sought a declaration that S's wi......
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6 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 August 2015
    ...269 Rowbotham Baxter Ltd, Re [1990] BCC 113 96 Rudd and Sons Limited, Re [1984] Ch 237 234 S (Hospital Patient: Court’s Jurisdiction), Re [1996] Fam 1 204 Salmet International Ltd, Re [2001] BCC 796 165 Sandon v Hooper 49 ER 820, (1843) 6 Beav 246 226 Sargant v Read (1876) 1 Ch D 600 250 Sa......
  • Receivership
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 August 2015
    ...to appoint an administrative receiver could not be 82 67 ER 189, (1843) 2 Hare 461. 83 [1978] AC 435. 84 [1989] 2 Lloyd’s Rep 298. 85 [1996] Fam 1 . Receivership 205 equated with step-in rights, since the requirement of step-in rights in order to exercise that power would then be superfluou......
  • Private Bodies, Public Power and Soft Law in the High Court
    • United Kingdom
    • Federal Law Review No. 35-1, March 2007
    • 1 March 2007
    ...has an equivalent provision, as does the Federal Court. 69 (1978) 142 CLR 1, 23. 70 Civil Procedure Rules 1998 (Eng) Pt 40.20. 71 Re S [1996] Fam 1, 18. See also Re F [2001] 3 Fam 38; HL v United Kingdom (2004) 81 BMLR 131 (ECtHR); but cf Re V [1997] 2 FCR 195. 72 Johnco Nominees Pty Ltd v ......
  • The Vulnerability Jurisdiction: Equity, Parens Patriae, and the Inherent Jurisdiction of the Court
    • Canada
    • Canadian Journal of Comparative and Contemporary Law No. 2-1, January 2016
    • 1 January 2016
    ...a trespass (to person or property) is “justiied summa necessitate , by the 37. See Re S ( Hospital Patient: Court’s Jurisdiction ), [1996] Fam 1 (CA (Civ) (Eng)) at para 4. 38. In Re F , supra note 3 at 22 citing Collins v Wilcock , [1984] 1 WLR 1172 (QB (Eng))(without consent, medical trea......
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